Terms of service
TERMS AND CONDITIONS
1. Applicability
1. These general terms and conditions apply to all offers, orders and agreements made by RAKAN.
2. By accepting an offer or placing an order, you agree to the applicability of these conditions.
3. Any deviation from the provisions of these terms and conditions must be made in writing; all other provisions remain in full force.
4. All rights and claims, as stated in these conditions and in any further agreements with RAKAN, also apply to intermediaries and other third parties engaged by RAKAN.
2. Offers / Agreements
1. All offers from RAKAN are non-binding. RAKAN expressly reserves the right to change prices, particularly when required by (legal) regulations (see Article 3.6).
2. An agreement is only established once your order is accepted by RAKAN. RAKAN has the right to refuse orders or attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, RAKAN will notify you within five (5) working days after receiving the order.
3. Prices and payments
1. The prices quoted for the products and services are in euros, inclusive of VAT and handling and shipping costs, unless otherwise stated or agreed in writing.
2. Payment must be made without a discount or compensation within ten (10) days after the invoice date if the deliveries within the Netherlands are concerned, and within ten (10) days after the invoice date if deliveries outside the Netherlands, unless otherwise agreed in writing.
3. Payments can be made via prepayment, iDEAL, PayPal, Visa, Mastercard, or American Express. For bank or Giro payments, the payment date is the date the funds are credited to RAKAN's bank or Giro account.
4. If the payment period is exceeded, RAKAN may decide whether to cancel the order.
5. If prices for the products and services increase during the period between the order and its fulfillment, you have the right to cancel the order or dissolve the agreement within five (5) days after being notified of the price increase by RAKAN.
4. Delivery
1. For items that are in stock, a delivery time of 3 to 5 working days applies. For items that are not in stock and are made to order, the delivery time is approximately 3 weeks. If an item is out of stock, RAKAN will notify you in a timely manner and offer you the option to either terminate the agreement or agree upon a new delivery time with RAKAN. If you choose to terminate the agreement, any amounts already paid will be refunded within 14 days.
2. The delivery of the products takes place at the place and the time when the products are ready for shipment to you.
5. Retention of title
1. The property of supplied products will only pass if you have paid all of any agreement to RAKAN on the basis of any agreement. The risk with regard to the products is already on you at the time of the episode.
6. Intellectual and industrial property rights
1. You must respect all intellectual and industrial property rights in which the products supplied by RAKAN to respect completely and unconditionally.
2. RAKAN does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
7. Return / Right return
1. You are required to inspect the products upon delivery to ensure they meet the terms of the Agreement. If you find any issues, you must inform RAKAN as soon as possible, and in any case within thirty (30) days (including weekends) after delivery. Please notify us in writing or via email.
2. If it is confirmed that the products do not meet the terms of the Agreement, RAKAN reserves the right to replace the affected products with new ones, provided they are in stock, upon their return.
3. If you wish to return a product for any reason, as a private individual, you have the right to do so within thirty (30) days (including weekends) after delivery to RAKAN. The following conditions apply: the item must not be used and must be returned undamaged and in its original packaging. The costs for return shipping will be at your expense. Note: Items that are not returned in their original condition, as well as items marked as Final Sale (discounted at -70%), will not be accepted for return. In such cases, the items will be sent back to the sender, and the purchase amount will not be refunded.
8. Guarantee
1. RAKAN guarantees that the products delivered will meet the usual quality standards and will be free from defects.
2. If the delivered goods do not meet this warranty, the buyer must notify RAKAN of the defect in writing within a reasonable time after receipt, if possible. RAKAN will then, at its discretion, either replace the defective product or provide a remedy.
3. This warranty does not apply if the defect results from improper use or if the buyer or third parties have made unauthorized changes to the product or used it for unintended purposes without written permission from RAKAN.
4. In addition to these warranty provisions, all legal warranty rights remain in effect.
9. Orders / Communication
1. RAKAN is not liable for misunderstandings, errors, delays, or miscommunications regarding orders and communications resulting from the use of the internet or any other means of communication between you and RAKAN, or between RAKAN and third parties, except in cases of intent or gross negligence on the part of RAKAN.
10. Force majeur
1. Without prejudice to its other rights, RAKAN reserves the right, in the event of force majeure, to either suspend the execution of your order or to dissolve the agreement without judicial intervention. This will be communicated in writing, and RAKAN will not be liable for any compensation unless such an exclusion would be unacceptable under the circumstances in accordance with principles of reasonableness and fairness.
2. Force majeure is defined as any shortcoming that cannot be attributed to RAKAN due to circumstances beyond its control, as defined by law, legal acts, or customary practices.
11. Miscellaneous
1. If you provide RAKAN with an address in writing, RAKAN is entitled to send all orders to that address unless you submit a written request to RAKAN to send your orders to a different address.
2. If RAKAN permits any deviations from these conditions, whether explicitly or implicitly, for a short or extended period, this does not affect its right to demand strict compliance with these conditions at any time. You cannot claim any rights based on RAKAN’s temporary allowances regarding these conditions.
3. If one or more provisions of these terms and conditions, or any other agreement with RAKAN, conflict with applicable legal regulations, the conflicting provision will be deemed void and will be replaced by a new provision established by RAKAN that reflects the intent of the original provision as closely as possible.
4. RAKAN reserves the right to engage third parties for the execution of your order(s).
12. Applicable law and competent court
1. Dutch law exclusively governs all rights, obligations, offers, orders, and agreements to which these conditions apply, including these terms and conditions.
2. Any disputes between parties will be submitted to the competent court in the Netherlands upon exclusion.
13. Copyright
1. All images or parts of images available on this website are protected by copyright. Without the explicit authorization of the author, reproduction, printing, or any use of complete text areas from downloaded documents is strictly prohibited.